Motorist who hit mum, bub negligent: court

Date: November 26 2012

A Sydney man whose car mounted a kerb and hit a mother and her newborn baby has been found guilty of negligent driving.

In Downing Centre Local Court on Monday, Magistrate Graeme Curran found Bryce Wayland failed to apply the brakes after his accelerator pedal got stuck under his car floor mat, causing "catastrophic injuries" to Emma De Silva.

Wayland, 26, of Queenscliff, had pleaded not guilty to negligent driving occasioning grievous bodily harm to Ms De Silva at St Peters in south Sydney on March 14 last year.

Ms De Silva, 36, who was pushing her 19-day-old baby girl in a pram, suffered serious head injuries when she was hit by Wayland's Lexus sedan.

Her baby was also injured, although no charges were laid in relation to the child.

Mr Curran said the events of March 14 were "tragic by any measure".

"They are tragic for Ms De Silva who sustained catastrophic injuries that have devastated her life," Mr Curran said.

"(They are) also tragic for the effect that her injuries had on her child, husband, her family and friends."

The court heard Ms De Silva was in a coma for eight weeks after the accident, suffered brain damage and can no longer walk without assistance.

"The events have also undoubtedly left (Wayland) distressed and disturbed," Mr Curran said.

"No-one is left untouched by the appalling outcome of the events."

After the incident, Wayland told police he mounted the kerb after the accelerator pedal in the Lexus sedan he was driving became caught under a floor-mat and jammed.

The court heard from other Lexus car owners who said they had experienced similar problems.

Mr Curran accepted Wayland's accelerator got jammed.

But he found the accident might have been avoided if Mr Wayland had applied the brakes.

"If the brakes were applied once Mr Wayland had turned into the kerbside lane, his car would have probably come to a stop short of where Ms De Silva was upon the footpath," he said.

"I am satisfied that his failure to apply the brakes in the circumstances is falling short of the standard (of a prudent driver) and he is therefore guilty of negligent driving."

Wayland, who was supported in court by family and friends, made no reaction as the decision was handed down.

He will be sentenced at a later date.

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